After Mr. McGraw withdrew, he failed to account for the February 3 admissions deadline, forcing the newly retained attorney to step in earlier than expected on January 31. I had previously filed a motion to continue during this timeframe due to being out of town for work, so the timing around substitution wasn’t coincidental.
Under…
Defendants
This hearing was meant to address my emergency motion and clarify procedural issues caused by defendants' delays and inconsistent court orders. Despite Judge Walczyk being lead civil judge, I was pushed to the end of the docket, repeatedly talked over, and mischaracterized. She blamed me for case delays due to my appeal, ignoring that these…
Frank decided to file another motion to continue on only my motions, but of course want to move forward with his. This is what the cover sheet looks like when you correctly file with it, but unfortunately the motion was procedurally flawed, lacked good cause under Rule 6(b), and failed to explain the…
With discovery being in a couple of days, specifically the interrogatories and documents. Instead of complying, defendants filed a Motion to Extend Discovery.
I filed an objection to the because they failed to provide any specific reason for the extension as required under Rule 6(b) of the North Carolina Rules of Civil Procedure. Their…
This was my first formal attempt to correct the growing procedural misconduct in the case, objecting to the defendants’ failure to file an answer and exposing, through emails, that opposing counsel was playing deliberate games with disclosure about new counsel. It was clear even then that they were intentionally creating procedural confusion to delay the…
The January 23 hearing fundamentally shaped everything that followed in my case and the amount of misconduct is too long to list. What should have been a day of progress instead became a shocking demonstration of procedural irregularities. The hearing was scheduled before Chief District Court Judge Eagles, who had sole authority to rule on…
The very next day after I filed my Motion for Default Judgment, Frank submitted a Motion to Withdraw as Counsel — and this also violated procedure. As I noted in a previous filing, Rule 16 requires there to be justifiable cause for an attorney to withdraw from a case. This usually means there’s a serious…
Instead of filing an answer like required, Frank McGraw, in a desperate move, filed a Motion to Strike under Rule 12(f) and tried to claim that doing so automatically extended their time to answer by 20 days — which is factually incorrect. Under the law, filing a Rule 12 motion only extends the deadline if…
Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…
To ring in the New Year, I spent it writing up the Request for Admissions. These are formal statements that the opposing party must admit or deny under oath.
They are used to narrow the issues for trial by establishing certain facts as true ahead of time. If they fail to respond within the…